Sale and Delivery of the Securities. (a) On the terms and conditions hereinafter set forth, the Seller may request the Purchasers to acquire from the Seller the Securities issued under one or more Trust Agreements (each such request, a “Funding Notice”), each such Funding Notice to be on the terms and conditions set forth herein and substantially in the form of Exhibit A-1 hereto. Notwithstanding anything to the contrary herein contained, no Purchaser shall have any obligation to make any Purchase and, in no event, shall any Purchaser make a Purchase if, after giving effect to such Purchase, the aggregate Outstanding Amount would exceed the Purchase Limit.
Sale and Delivery of the Securities. Subject to and contingent upon the terms and conditions of this Agreement, SELLER hereby agrees to sell, assign and transfer to the PURCHASER and the PURCHASER hereby agrees to purchase from SELLER all right, title and interest in NCG Markets Corporation Common Stock Shares.
Sale and Delivery of the Securities. The Securities to be sold hereunder by the Issuer, when duly executed by the Issuer and authenticated by the Trustee, will constitute valid and legally binding obligations of the Issuer, enforceable against the Issuer in accordance with their terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization and other laws of general applicability relating to creditors' rights and to general principles of equity.
Sale and Delivery of the Securities a. The Purchase of the Securities pursuant to the Allocation Funding Notice. The Issuer agrees to issue and sell to the Purchasers, severally and not jointly, and, subject to the conditions set forth herein, including in Section 5 hereof, the Purchasers agree, severally and not jointly, to purchase from the Issuer, the aggregate principal amount of Securities set forth in the respective allocation funding notice provided by the Information Agent or otherwise on behalf of the Issuer (each an “Allocation Funding Notice”) in response to an Account Holder Letter received from such Purchaser, at a purchase price of 100.00% of the principal amount thereof, on the basis of the representations, warranties and agreements herein contained, and upon the terms herein set forth. The Allocation Funding Notice will set out the aggregate principal amount of Securities that a Purchaser has agreed to purchase pursuant to this Section 2(a) calculated on the same basis as the calculation method described in the Offering Memorandum.
Sale and Delivery of the Securities
